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(영문) 수원지방법원 평택지원 2015.08.13 2015고단692
사기등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[criminal power] On March 17, 2010, the Defendant was sentenced to a suspended sentence of two years on March 25, 2010 to imprisonment with prison labor for the crime of forging private documents at the Suwon District Court members, and the said judgment became final and conclusive on March 25, 2010 (hereinafter referred to as "the foregoing judgment"). On August 24, 201, the same court was sentenced to six months of imprisonment with prison labor for a crime of fraud and the said judgment became final and conclusive on September 1, 201 (hereinafter referred to as "the second judgment"), and on February 1, 2012, the same court was sentenced to three months of imprisonment with prison labor for a crime of fraud and became final and conclusive on February 9, 2012.

(1) On July 31, 2009, at the public service center of the dispatching-si's office located in Gyeonggi-si, Gyeonggi-do, Co., Ltd. (hereinafter referred to as "crimes") issued a real estate lease agreement to the victim D as security stating that C leased the house owned by the defendant to the victim D with the deposit deposit of KRW 60,000,000,000,000,000,000,000 are to be paid with interest of 46% per annum per annum and to be repaid without a mold within one year." The defendant falsely stated that "If C fails to pay the loan, it will be repaid with the deposit of KRW 35,500,000,000,000 in lieu of the deposit of lease."

However, the facts are that the defendant and C were living together in the house owned by the defendant as a de facto marital couple, and the defendant did not have a security deposit to return the house because they did not lend the house to C, and even if the defendant and C did not borrow money from the victim because they did not have any particular property or income, they did not have any intention or ability to repay it

Nevertheless, the defendant and C together received 35 million won as loans from the victim.

As a result, the defendant and C were provided property by deceiving the victim in collusion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. The lease contract for the apartment;

1. Previous convictions in judgment: The application of investigation reports (a final and conclusive judgment appended)-related Acts and subordinate statutes;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;

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